Legal Updates & Insights

The transition from the National Health Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF), effective from October 1, 2024, introduces significant changes in Kenya’s health insurance system. This move is part of the broader health reform initiated through the Social Health Insurance Act, 2023 (Act No. 16 of 2023). Key Changes Under SHIF Employee and Employer […]

Introduction The Movable Property Security Rights (Amendment) Bill, 2024 aims to modernize and harmonize Kenya’s secured transactions framework, focusing on movable assets as collateral for securing credit. The key updates revolve around incorporating provisions from the repealed Hire Purchase Act into the Movable Property Security Rights Act of 2017 (MPSR), establishing regulations for hire-purchase businesses, and ensuring

Case Overview: Mark Ngugi Mwaura v. G4S Kenya Limited (Cause Number E 232 of 2021) Overview This case, heard in the Employment and Labour Relations Court in Nairobi, involved the Claimant, Mark Ngugi Mwaura, who challenged his dismissal from G4S Kenya Limited after 20 years of service. He alleged that his termination on the grounds of

Introduction The question of whether the Small Claims Court retains jurisdiction after the statutory 60-day limit has been debated in various cases. The Small Claims Court Act, 2016 (SCCA), provides that matters before the court should ideally be concluded within 60 days. However, the courts have taken different stances on whether the failure to meet

With the rise of data-driven business models and the growing threat of data breaches, organizations must prioritize data protection. In Kenya, the legal framework governing data protection is largely defined by the Data Protection Act, 2019 (DPA) and guided by the Office of the Data Protection Commissioner (ODPC). This law ensures that personal data is

IntroductionThe complaint was lodged by Sandra Bonareri Ongakli against Zerox Technology Limited (Zerox), concerning persistent calls from the company’s product, Asapkash, for a loan she was not party to. The Office of the Data Protection Commissioner (ODPC) handled the case under the Data Protection Act, 2019 and Regulation 14 of the Data Protection (Complaints Handling

Background of the Case Meta Platforms, Inc. (Meta) and its Irish subsidiary are at the center of two related appeals before the Court of Appeal of Kenya. The cases revolve around allegations brought by content moderators employed by Samasource Kenya EPZ Limited, who claim violations of their fundamental rights due to poor working conditions, unfair

Introduction The Employment Act of Kenya provides various mechanisms for terminating employment contracts. One of the more frequently misunderstood methods is the termination of fixed-term contracts through effluxion of time. This article explores the jurisprudence on the subject, drawing from recent Judgment in Kago v Inades Formation Kenya (2024), Transparency International Kenya v Teresa Carlo Omondi (2023),

In the recent Supreme Court decision of Gatuma v Kenya Breweries Ltd & 3 others (Petition E023 of 2023) [2024] KESC 52 (KLR), critical issues on redundancy, employee rights, and the obligations of employers came to the forefront. The judgment provides valuable insights into how redundancy should be handled in compliance with Kenyan law, emphasizing the

Case Summary: Gatuma v Kenya Breweries Ltd & 3 others (Petition E023 of 2023) [2024] Background: The Appellant, was initially employed by Kenya Breweries Ltd (the 1st Respondent) in 1986 as an Artisan Grade F. In 2003, he was declared redundant following the separation of the malting operations from the beer business. Gatuma was offered